Adducing documentary evidence by accused

Querist : Anonymous (Querist) 22 November 2011 This query is : Resolved
Respected Experts,

Can anybody suggest me "What is the stage of tendering documentary evidence by accused in a criminal case/private complaint"?

"What is the procedure for tendering the documents. Is it by way of petition or a memo etc.?"

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Advocate. Arunagiri (Expert) 22 November 2011
Accused can initiate his defense, after the prosecution/complainant completes his side of witnesses.

Your documents can be marked while they are giving evidence. It will be treated as Defense Exhibits.

Devajyoti Barman (Expert) 22 November 2011
After the complainant's evidence is over the accused person can give evidence and tender any document.
If it complies with norms of Evidence Act the same would be exhibited and no separate written petition needs to be filed for this.

M.Sheik Mohammed Ali (Expert) 22 November 2011
yes, i do agree expert query reply

M/s. Y-not legal services (Expert) 22 November 2011
Yes am agree with arunagiri sir and barman sir. After complainant side evidence accused may produce defense side evidents and documents if any. Thats your right.

Rajeev Kumar (Expert) 22 November 2011
Yes i agree with the view expressed by ld.arunagiri and barman

Shonee Kapoor (Expert) 22 November 2011
No reason to differ.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 23 November 2011
Thanks all of you for giving advice.

@Arunagiri Sir,

Suppose the accused does not enter the witness box for giving oral evidence, then what is the procedure?

Raj Kumar Makkad (Expert) 23 November 2011
If any witness do not enter in witness box then his evidence shall be treated as not recorded.

Advocate. Arunagiri (Expert) 23 November 2011
If you want to mark some documentary evidences, it can be done only through the witnesses. This can be done by defense witness in Chief Examination or it can be done through the prosecution witness while cross examining.

prabhakar singh (Expert) 26 November 2011
I agree with the opinion expressed by Mr.Arunagiri and advise you to go safe by adopting his lat option suggested to you as"or it can be done through the prosecution witness while cross examining."

Guest (Expert) 26 November 2011
Arunagiri has suggested the very safe way to tender documentary evidence in support of defence to avoid any leakage of defence strategy of the accused.

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